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Dinube

Terms & Conditions


1. GENERAL

The use of the services offered by Mobile Payments & Amp; Loyalty, S.L. (from now on DINUBE), suppose the acceptance of the following Terms and Conditions of use. Registration at DINUBE makes you a user, and users accept the Terms and Conditions of use at the moment they register.  

This document can be printed and stored by users

This document is available in English, Spanish and Catalan by your own choice. DINUBE will contact the user in the preferred language. It is considered that this is the language of the text “Terms and Conditions of use” and Privacy Policy, that the user has confirmed on-line.
These Terms and Conditions of use make a contract between you and DINUBE for the provision of the live payment services.
Throughout the acceptance of the General Conditions, you declare that:

All the information that you provide us during the register or at a later step is precise and true.
That you are over age or at least have the permission of at least one of your parents where you wish to use the services offered by Dinube, under the constant control of at least one of your parents. We have the right to require at any time your Identification Document as a proof of your age.
That you are not a politically exposed person (PEP), meaning any person in charge of a high political job. Those could be any government members, as well as Supreme Court (Constitutional) members and other public servants. The PEP group also includes family members and sentimental partners, as well as other linked people. All these people must be object of a major checking, which means, the verification of their relations with PEP is under the approval of the superior authority (for instance, the officials that inform on money laundering). Furthermore, it is necessary to declare the origin of the goods and a permanent review of the business relations. In this case, you should first address our officials that inform on money laundering.
That you will not use the services offered by Dinube to make payments related to offers or sales of the following products and services related to: medicines under prescription, drugs and drug accessories, illegal or non authorized lotteries and gambling, weapons, materials or services which provoke violence, hate or racism, identifications and government licenses, including falsifications, non declared donations services, as well as goods or services violating third people’s intellectual property.

2. IDENTIFICATION DATA
DINUBE is under Mobile Payments & Amp; Loyalty, S.L.’s ownership, with registered office at Jordi Girona 1-3, PARC UPC. Edificio K2M, Suite 306 08034 de Barcelona.  Spain, and Identification Code B-65647158, registered in the Trade Register of Barcelona, Volume 42792, Sheet 181, Sheet Number B-413083.

3. CONTACT DATA
Mobile Payments & Amp Loyalty, SL
(+34) 934 054 667
info@dinube.com

4. SERVICES
Dinube is a live payment digital network.
Dinube offers the following advantages:
High privacy and security level: Dinube has created a control panel, first in the world, with privacy algorithms developed by researchers at Standford, UPC and MIT, for the user to keep total control of their personal data and information, allowing them to make payments that do not end in third people’s hands.  For the first time in the cloud, the user, and not the service provider, is the owner of their data.
Paying from any device with Internet connection: Dinube is a payment mean on the cloud, which allows paying from any device with Internet connection, like a cellular phone or a connected car.
Storage, sincronization, live access and digitalization of bills: It is enough with just passing your card at a sales point to add it to Dinube’s data base, which also integrates the bills in a single ticket with the whole purchase details. In addition, this App allows you to check at any time a history of you stored bills in the cloud, which makes it easier to have a good control on expenses and to have the security of being able to recover information about any purchase at any time.

Dinube provides a live payment digital network, throughout which users can administrate their electronic Money at Ingenico Financial Services, an electronic money institution, supervised by the Central Bank of Belgium, address a 1200 Brussels, Boulevard de la Woluwe 102, registered at the Trade Office (RPM-RPR) of Brussels with the number 886.476.763 (IVA number BE 886.476.763), http://payment-services.ingenico.com/int/en/.

Electronic money is issued, managed and transferred by Ingenico Financial Services, acting on behalf of the user and at the request of Dinube.
It is considered that the user has consented to carry out payment transactions with electronic money issued, managed and transferred by Ingenico Financial Services, in accordance with the "Terms and Conditions of use” of Dinube and "Terms" of Ingenico Financial Services.
Payment orders provided by the user to Dinube are sent immediately by Dinube to Ingenico Financial Services, on behalf of the user and the electronic user account linked with these payment transactions will be owed by Ingenico Financial Services based on orders given by Dinube to the amount specified by Dinube that in no case may exceed the available balance of electronic money issued, managed and transferred by Ingenico Financial Services.
The user may revoke the authorization of a payment order as the "Terms and Conditions of use of Dinube" and "Terms" of Ingenico Financial Services. However, a payment order may not be revoked after receipt of the payment order by Ingenico Financial Services.
For each user who wants to use services related to electronic money issued, managed and transferred by Ingenico Financial Services, the following limits will be effective:
A maximum total amount of payment transactions - 2,500 Euros per year, and
A total amount of the amounts reimbursed under 1000 Euros per year.
Or, in some cases, a maximum amount of refills - 100 Euros per month.
Dinube should not be considered, a bank or a credit institution of a similar nature, or another financial services provider. Any purchase or sale of products and / or withdrawal of offers, coupons and bonus programs, even if the transaction has been carried out through Dinube, should always be considered a legal transaction between you and a third party.
To use our service, you must first have the APP (application) on your smartphone. You can get the application by downloading from the corresponding provider APP, or downloading it free on our website. To use the service, you must have internet access and some browsers held for the performance of our service.
To access the portfolio (see balance, make payments, loyalty programs etc.) the user must register with your personal data. As part of the registration process, you must accept the present and Terms and Conditions of Use, Privacy Policy and the Additional Terms of Use.
You can download Dinube, only if it is legal in the country where you live. You release us from any liability arising from breach of this end.
Your Dinube account is an electronic money account which allows not only the management of resources, but also sending and receiving electronic payments.
Your Dinube account is carried out in the currency that you have chosen at the time of registration.
Your Dinube account takes only a prepaid basis, i.e. it must be loaded first by sending a SEPA transfer from your bank account IBAN to Dinube. This will prevent the possibility of excessive leverage, an uncontrollable loss and any misuse.
We cannot guarantee the existence of certain methods of resource load and may at any time provide a specific charging method, change or delete, Dinube will not be responsible for the deposited funds until they are received by Dinube.
The electronic money that you have in your Dinube account does not expire.
You have the exclusive right to refund at any time, the amount of your account to a bank account opened in your name in the Single Euro Payments Area (SEPA), or if there is such a choice, to any credit or debit card account. The transfer to another Dinube account is supported only if the policies and practices of prevention of money laundering and / or other regulatory provisions or national licensing schemes are respected. It may at any time be required to certify or confirm your identity.
 The resources of your Dinube account should be sufficient to cover the costs of any refund.
According to the European directive of electronic money, no interest will be calculated. Electronic money accounts are not bank accounts.
The electronic money in the Dinube account corresponds to the person whose name is registered on the Dinube account. Any third party, except the same owner of the account, has no claim on the money in your account. The user does not have the right to transfer your Dinube account to third parties or grant a third party any rights from the legal or equitable rights. At our request, you agree to file a proof of identity.
Your Dinube account may be subject to upload limits, purchase payments and withdrawals. This depends on the country of residence stated in the time of registration as well as other factors that should be considered in accordance with statutory requirements or at our discretion.
All legal provisions on the prevention of money laundering, terrorist financing and illegal use must be respected. Compliance with these rules, and any restrictions from this protects you and your Dinube account.
You may be asked to answer security questions or perform other actions deemed appropriate in order to ensure the authorization for each resource load.
Resource loads on your Dinube account can also be performed by other Dinube users. This resource load must in any case be confirmed or waived by the user.
To send money, you will have to authorize the sending, using your registration details.
All shipments to recipients you want to send money to using Dinube, must be registered with a Dinube account, and an amunt will be directly charged if you agree to the transaction.
Once the amount is entered to the beneficiary's Dinube account, the transaction can no longer be canceled.
Any payments related to loading, receiving money, sending and withdrawing money is recorded as transaction history, and can be viewed on his election. It is advisable to periodically check the status of your account and transaction history.
You must inform us immediately if you found an unauthorized or incorrectly executed transaction through Dinube. The deadline to claim the refund is one month from the date of debit from your account.
We may limit or block access to Dinube if we had doubts about the presence of risk to safety and security, or in case of suspicion of unauthorized use, fraud or misuse of your account, or if we believe it is possible that it affected all the security of your account.
Dinube also allows you to reference Dinube friends. You may be eligible to receive rewards in the form of "Dinube credits" (available for use ahead Dinube offers or purchases) or get other benefits for referring friends (subject to the terms and conditions for referring a friend and details available on our Sites). To see the Dinube friends, we provide you a referral link, which can be shared directly with other people through email, social media websites, or other methods of communication. Dinube does not collect personal information about people with whom you share your link until people click on the link and engage directly with Dinube.

5. Duration and ending of the contract
This contract is concluded for an indefinite period.
On the wall of your Dinube account, you may at any time temporarily disable or permanently close your portfolio. As a result of the termination settlement an immediate termination of your account it is made. In this case, we recommend you, before closing your portfolio, to transfer the remaining amount of your Dinube account balance to your bank account.
Dinube has the right, at any time, with prior notice of two months, to close, in whole or in part, a particular portfolio and with that - this contract.
This contract cannot be terminated in order to avoid checking account or identity. However, if you try to cancel your Dinube account for this reason, Dinube has the right to retain the balance available in the account "up to 60 days as a precaution against insufficient funds”. This can happen for example when receiving debit notes, the recovery of the amounts claimed by credit card, service fees, fines and penalties under the contract.
We reserve the right to make independently or through a third partner and supplier of electronic money (Ingenico Financial Services), corresponding checks for the prevention of money laundering, financing of terrorism, attempted fraud or other legal activities before you can perform the final payment of your Dinube account.

6. Availability of Services
Dinube is not responsible for the limitations of the network. In case your provider mobile network cannot deliver any communication to Dinube or a provider of any product in a timely manner due to, but not limited to, failure of the mobile network or incompatibility of your phone model with services, you acknowledge and agree that Dinube will not be liable for any loss or damage. Also without limiting the foregoing, in no event will Dinube be liable for any error you make in the use of the services, including the submission of an order or another message.
 

7. Amendment of Services
We have the right to change our sole discretion completely or in part of the terms and conditions of use.
We will notify you on this issue.
The changes will take effect and be considered to be accepted by you after the expiry of the period that we will determine in the first publication, except when you opposed them.
In case you do not agree with these changes, you have the exclusive right to terminate the use of the service.
If, despite your opposition, you continued to be use any of the services after the entry into force of the amendments to the Terms of Service (payments, purchases or similar transaction services), this action is interpreted as an acceptance of the modified Terms and Conditions of use.
 
8. Email
Dinube values your privacy above all. We will not give away or sell your email, transmit orders to merchants by email directly from our servers, so that traders do not actually receive your email address unless you specifically choose to share.
By providing your email address, you agree to receive promotional messages from Dinube. If you want to be removed from our mailing list send an email to unsubscribe@dinube.com or click unsubscribe in your user panel.
 
9. Payment And Billing
 Your Dinube account needs the funds to do any shopping. You assume full responsibility and promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay charges assessed for any order placed from your account, regardless of whether you receive the products.
In addition, you agree to pay all fees charged by your service provider regarding the use of the Services. You acknowledge and agree that these rates depend on the supplier and its package plan with the company personal data and that these rates are in no way related to the service offered by Dinube.
 
10. Refunds and Returns
Dinube is only a facilitator of transactions. In the case of a dispute over payment, the trader is fully responsible for any and all refunds. As part of the Dinube policy of Merchant, Dinube requires all merchants to maintain a reasonable refund policy, according to the Consumer Law applicable in the European Union.
 
11. Prices
 The price information, product specifications and availability contained on this site has been provided as accurately as possible. The prices charged by traders are the same as the prices charged in their offers at the time of ordering. In the event that the price paid and the price posted on the site are different, the price at the checkout will prevail in all cases.
 
12. Use Restrictions
1. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, logos, pictures, videos, graphics, music and sound, and site content is protected by law copyright of the European Union. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of this site, in whole or in part. Except as expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded materials without the express permission in writing from Mobile Payments & Amp Loyalty, SL and the owner of the copyright. For copying, redistribution or publication of copyrighted material, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
2. The above provisions are for the benefit of Dinube, its subsidiaries, affiliates and content suppliers and third party licensors and each shall have the right to assert and enforce directly or on its own account such provisions.
3. Dinube grants you a limited license to access and strictly personal use of our service, and any unauthorized use terminates the license granted by Dinube.
You are not authorized to download or copy any account information for the benefit of any merchant. You are not authorized to download (other than page caching), copy or modify any material on this site. You are not permitted to resell or make commercial use of this site or any content of this site, including any collection or use of any product listings, descriptions, or prices. You are not authorized to make any derivative use of this site or its contents use. No part of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not copy or use screen copying techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dinube. You may not use any meta tags or any other "hidden text" utilizing the name or Dinube trademarks.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Dinube home page (www.Dinube.com) as long as the link does not portray Dinube, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive.
 You may not use the Dinube logo or other proprietary graphic or trademark as part of the link.
 
13. Disclaimer of Warranty; Limitation of Liability
1. You expressly agree that use of this product is at your own risk. Neither Dinube, its affiliates nor any of their respective employees, agents, suppliers or licensees third party content ensures that the site will be uninterrupted or error free, or make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy or reliability of any information, services or merchandise provided through the site.
 
2. The site is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. In addition, there is no guarantee as to the results obtained from the use of this site.
3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, line failure of communication, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, negligence, or under any other cause of action.
4. In no case Dinube, or any person or entity involved in creating, producing or delivering the site or the content included in the same contract, tort (including, by his own negligence), or under any other legal theory (including objective) liability for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including without limitation, lost profits or revenue, loss of use or a similar economic loss, arising out of the use or inability to use this site. You hereby acknowledge that the provisions of this section shall apply to all use and content of this site. In no event shall the total liability rely on Dinube to you for all damages, losses and causes of action, whether in contract, tort (including negligence) or under any other legal theory (including strict liability) exceed the amount paid by you , if any, for accessing this site.
5. Our obligations under these terms and conditions are limited to the provision of an electronic portfolio and services directly offered through the same and these conditions represent no representations or warranties as to the quality, safety and legality of any product or service offered to Dinube customers.
6. With regard to the use of electronic money the terms of use of payment services Ingenico financial services apply.
7. We are not responsible for determining the amount or payment of any tax, fee or other expenses resulting from transactions between you and another Dinube client.

14. Indemnización
You agree to defend, indemnify and hold harmless Dinube and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees ) arising from use of the product.
 
15. Marks comerciales
The trade name Dinube, trademark and logo and trademarks and logos of vendors appearing on this site are trademarks of Mobile Payment & Amp Loyalty SL brands and sellers, respectively. All other trademarks appearing on the site are the property of their respective owners.
 
16. Amendment of términos
Dinube has the right at any time to change or modify the terms and conditions applicable to the use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use.
Changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. It is considered that any use of the site by you after such notice will constitute your acceptance of such changes, modifications, additions or deletions.
 
17. Varios
These Terms and Conditions of Use constitute the entire agreement between the parties concerning the subject matter hereof and supersede all previous written or oral agreements between the parties concerning the subject matter.

18. Governing Law and jurisdiction
The service is aimed at Spanish citizens or residents, so that the relationship between the Company and the User shall be governed by current Spanish legislation. In the event of any conflict or discrepancy in the interpretation or application of these Terms and Conditions, the Courts which, if any, know the case, they shall be as provided by applicable legal rules on jurisdiction, in which it serves in the case of final consumers, the place of performance of the obligation or the User, at its option, address and without prejudice to the right of the user to go to the consumer Arbitration Board for their area. In the event that the user does not have the status of consumer, both parties hereby expressly waive any other jurisdiction, the Courts of Barcelona city (Spain). Barcelona 08034 – Spain.
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